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Legalized scams by eBay
Summary: There was a discussion initiated by smidvarg16 about legal issues related to truffles being sold on eBay. cizeta1964 and marioelegio engaged in the conversation, asking questions and sharing insights about the legal implications and authenticity of such listings. The discussion focused on whether the sales were legitimate and the concerns surrounding them.
Hi everyone,
I’d like to know whether what happened to me has ever happened to you too:
I sell an item, the buyer writes to me saying the item doesn’t work.
I had tested it, like all my items, before shipping.
I accept the return, obviously eBay puts it at my expense (but I would have done it anyway)
The item arrives and ... ta da ! It works perfectly!!!
Of course, the person who bought it changed their mind and, to avoid paying for the return, reported the problem
I call eBay to understand, and eBay can’t do anything because eBay protects buyers!!! Not even if I provide a video of the item working!!!
So an honest seller (who sells regularly and not like the myriad of fake sellers who sell regularly without a VAT number) ends up getting scammed and eBay guarantees scammers as buyers!!!
To me it seems grotesque
Maybe... given the multiplication of other free platforms.... and eBay’s costs... it’s better to close the account if these are the policies
Beyond what I think....... has this already happened to anyone else ???
thanks
marioelegio
Mentore8 months agoThese are not eBay policies, but laws that regulate commerce (d lgs 206-2005). So, as Cizeta rightly said, the same rules apply to all platforms.
That said, I believe everything you wrote, but I’d like to point out that with a video, you can only prove that an item similar to the one you sold now works. That’s why, always and everywhere, in these cases, they’ll side with the buyer.
Hi
mario
smidvarg16
OP8 months agoThe legislative decree talks about the right of withdrawal within 14 days basically for any reason, but on eBay the reason has to be reported and based on that it’s decided who has to pay the shipping costs.
And it’s not true that this rule applies to all platforms, on others it’s different. There are platforms where the seller decides who pays the shipping costs (I sell there and I know them well).
On other platforms the return is paid by the customer by default. On others, always by the seller.
So the real situation is quite different from how you describe it.
If eBay makes the return reason the deciding factor.... this should be proven
As for the video, I had thought the same thing you wrote, but it’s still more than what the customer showed, behaving in a totally incorrect way.
cizeta1964
Mentore8 months agoIf the buyer claims - within the expected time frame - that the item received doesn’t work/isn’t as described/is broken, the seller is obliged at their own expense to take it back and refund the buyer; any other “rule” from the various marketplaces in Italy is not legal.
This is even more true with traceable payments (credit cards & co.), with which the buyer has one year to carry out a chargeback.
smidvarg16
OP8 months agoSo there are some marketplaces, even pretty important ones, that are illegal in Italy ...... honestly I doubt it since I imagine they’ll have fairly well-informed legal teams.... but I’ve never looked into it in depth and anything’s possible.
Anyway, thanks for the feedback
cizeta1964
Mentore8 months agoTrust me, if for the buyer the item is not as described (whether it's true or not) the seller has to take it back at their own expense.
Then eBay also has a time limit, 30 days in this case, after which the situation changes.
marioelegio
Mentore8 months agoAre you sure about what you’re writing?
I think you’re getting very confused.
No platform can operate in the EU outside the community regulations.
Read articles 129 to 135 and in particular 130 (of Legislative Decree 206-2005, Consumer Code) and art. 1497 of the Civil Code.
… In the event of non-conformity, when an item purchased does not meet the promised characteristics, quality, or performance, or is not fit for its usual use, theconsumer has the right to repair or replacement at no cost. If impossible, the consumer may request termination of the contract or a reduction in the price.
bye
mario
smidvarg16
OP8 months agopretty sure, no confusion at all.
you’d do better to inform yourself more about what really happens.
I don’t know where legality ends, but as always, what’s on paper gets bypassed and reality is different.
Check the biggest marketplaces and you’ll realize it.
What you’re writing is just an excerpt and the whole thing should be read. Also, in the excerpt you quote, it clearly talks about items with issues...
Anyway, I can confidently confirm that there are marketplaces that operate in a very different way
Then if we start talking about EU rules... there are laws, directives, guidelines, etc.... we’d have to go into detail and they’re not all implemented in the same way by the various countries (in fact there are different rules in different countries in order to be able to sell)
I get the impression that you’re making a bit of a mixed bag
Anyway, thanks for your feedback
cizeta1964
Mentore8 months agoGiven how things go on eBay - and in general on all marketplaces - the fact that the buyer returned you an intact product I’d already consider a big success.
smidvarg16
OP8 months agoall is well....